A Study On The Rhetoric Argumentation Of Criminal Judgment

According to the requirements of the value orientation of the rule of law and democracy,the need to justify the conclusions of criminal judgments and the current dilemma of reasoning in criminal judgments,it has become necessary to use rhetorical arguments in criminal judgments for reasoning.Rhetorical argumentation cannot be limited to mere linguistic ornamental techniques,but is a means of enhancing persuasiveness,including logical argumentation and the process of judgement formation.Rhetorical argumentation emphasizes the use of rhetorical techniques such as vague rhetoric and evaluation to present arguments for rational argumentation,with the audience at the center,based on the consensus between proposer and audience.Rhetorical argument is mainly used in three scenarios: the facts of the case,the application of the law,and emotional persuasion.Its use not only improves the audience’s acceptability of the criminal judgement,but also facilitates the alignment of large and small premises and enriches the argumentative process of difficult cases.The correct use of rhetorical argumentation can improve the reasoning of criminal judgments,but due to the possible alienation of rhetorical argumentation under legal transplantation,the two sides of the role of rhetorical argumentation,and the dependence of the function of rhetorical argumentation,rhetorical argumentation may easily lead to problems such as inappropriate construction and tailoring of case facts,excessive reliance on emotional empathy to achieve persuasion,and inappropriate use of vague rhetoric in the process of using rhetorical argumentation.Therefore,in order to prevent the occurrence of these problems as far as possible,it is necessary to propose operational suggestions for the use of rhetorical arguments in criminal judgments,based on clear criteria for the justification of the use of rhetorical arguments.In order to promote the rational use of rhetorical arguments,attention should be paid to the length and content of rhetorical arguments,with negative rhetoric as the main focus and positive rhetoric as a supplement,incorporating socialist core values into rhetorical arguments and taking into account the difficulty of reaching consensus among the audience.In order to prevent problems in their use,the formal logic of reasoning should not be blurred,the necessity of using rhetorical arguments should be emphasized,the limits of legal certainty should not be breached and the application of vague rhetoric should be limited.